Visitation

When parties divorce it is specifically traumatic for any children involved. It is important that all parts of a dissolution be handled in a manner that takes into consideration the impact the adult decisions have on the children. All aspects of a child's life changes when his or her parents divorce and unlike the parents, who one day move on and make a new life, the children to not get an alternative and will forever have to live within the confines of a family torn apart. Even in the most amicable of divorces it is difficult for children to have to live part of their life at mom's house and part of their life at dad's house. Statistics show that children of divorce are more likely to have problems with drug and alcohol abuse as well as anger management. It is important that the children are made a priority during this process and that their needs are always at the forefront of negotiations.

"Visitation" is the timeshare schedule whereby a portion of the calendar is designated to one parent and the rest of the time to the other parent. A common timeshare schedule involves a primary parent and a "weekend-parent" where the non-custodial parent has visitation on alternating weekends and one weekday visit.

In a best case scenario the parties are able to work together to determine what schedule would be in the best interest of the children while maintaining frequent and continuing contact with both parents. Regretfully, in most cases this is a contested issue and the court is forced to intervene. In making an order the court must grant reasonable visitation rights to the non-custodial parent unless it is shown that visitation would be "detrimental to the best interest of the child."

To determine what would be in the "best interest of the child" the court has several processes of evaluation, the most common process being mediation.

Mediation

When parties are ordered to attend mediation it is not a commentary on the ability of the parents to raise their children. Parties are ordered to attend mediation wherever it appears that the issue of custody or visitation is contested.

Mediation occurs with the two parents and the mediator present. At this time both parties are free to express their expectations for visitation as well as any concerns they have with the other parents' proposal. Whenever possible the mediator will work with the parents to develop a co-parenting plan that both can agree to. If this is not possible the mediator evaluates the parties and then makes a recommendation to the court. Depending on your assigned mediator the process can take from 10 minutes to an hour. It is important to meet with your attorney prior to mediation so that she can prepare you for what will happen and provide you with specific do's and don'ts when it comes to what topics to discuss and how to present your argument. In highly contested cases it may be best for you to meet with an expert in the field of marriage and family relationships so that you can get feedback on how you will be perceived by the mediator.

The mediator's recommendation is filed with the court and provided to both you and your spouse.

The mediator's report will include a recommendation for custody, visitation, holidays, personal conduct of the parents and in some cases also includes a request for:

1. Mediation of the children: the mediator may request to interview the child(ren) who is the subject of the proceedings if the mediator feels it is appropriate or necessary. Local rules establish at what age a child is considered mature enough to have meaningful participation in mediation.
2. �§730 Evaluation: On its own motion or that of either party the court may appoint a psychiatrist or other mental health professional to examine the parents and children and report to the court regarding recommended custody and visitation. This evaluation is far more invasive than mediation and usually involves a battery of tests including a personality test per the MMPI and observation of interactions between parent and child.
3. �§3111 Evaluation: Also on its own motion or that of either party the court may appoint a psychiatrist or other mental health professional to evaluate what would be in the best interest of the child including interviewing the child and parents at their homes and interviewing other relevant persons such as half and step siblings, teachers and others who are involved in the child's life.
4. Co-Parenting Classes: If the mediator thinks it would be beneficial he or she can recommend to the court that the parties be ordered to attend co-parenting classes. The court will often make a change in custody or visitation contingent on fulfilling an obligation to attend a set number of sessions.

Using all resources available the court may make an order for custody and visitation that it deems to be in the best interest of the child. The mediator's recommendation may carry disproportionate weight with the court and it is important to have an experienced and aggressive attorney by your side to argue on your behalf. Once an order is made it can be difficult to modify or change the order absent a showing of substantial change in circumstance.

Don't risk your relationship with your kids, contact the Law Office of Erica C. Affinito today for a free initial consultation.

Stepparent Visitation

The court may grant reasonable visitation to a stepparent if it is determined to be in the best interest of the child. If it is established that it is in the best interest of the child and denial of visitation would be detrimental the child, the court can order visitation against the explicit objection of the natural parents.

Grandparent Visitation

A grandparent may petition for visitation under the following circumstances:

1. a parent is deceased
2. a family law proceeding is pending and child custody is already at issue
3. the parents are not married to one another, or
4. the parents are married but living separate and apart on a permanent or indefinite basis

If one of the above situations is found to exist then the court must make further findings that:

1. There is a preexisting bond between grandparent and child such that visitation is in the child's best interest and
2. Balances the child's interest in visitation against the parent's right to exercise parental authority

If both parents join in objecting to the grandparent visitation a presumption results that it is not in the child's best interest to have visitation. Where one parent joints in the petition the presumption does not exist unless the objecting parent has sole legal and sole physical custody.

If you are being denied visitation or if you have an order to allow visitation that you feel is unsafe or unhealthy for you child, contact the Law Office of Erica C. Affinito for your free consultation today. Let me help you protect your family and put you back in control of your life.